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Are You Facing Divorce In New Jersey?

Going through a divorce may be one of the hardest things you ever do. An experienced Essex County divorce lawyer can guide you through the legal process, protecting your rights, so that you can focus on making this transition in your personal life. At Minion & Sherman, our Essex County, New Jersey, divorce lawyers will handle every aspect of your divorce with compassion and understanding for what you and your family are going through.

Providing Clarity And Guidance During The Divorce Process

Divorce is difficult for everyone involved – it is emotionally stressful and can be financially devastating. Helping clients throughout northern New Jersey since 1995, our family law attorneys understand how important it is to listen to our clients and fully explain all their options for a better future. They know that divorce litigation may not be for everyone, which is why our team can also help you negotiate a settlement that addresses your concerns and meets your needs.

Our lawyers understand what a taxing process a divorce can be, but a rapid resolution can bring closure and let you prepare for your new life. They will help you look past petty matters and get the real issues resolved.

Helping You Create The Right Divorce Settlement

Creating the right divorce settlement requires you to look at the big picture in every aspect of your divorce. From the future of your children to your own financial future, our attorneys will make sure your settlement plan provides immediate solutions and long-term stability in the following areas:

• Division of property, including complex, high-value asset division
• Alimony
• Child custody
• Child support

At Minion & Sherman, our lawyers will understand your concerns and work in an efficient and cost-effective manner to help you reach a divorce settlement as quickly as possible. They are also here to answer your questions and assist you in any post-divorce matters, including modification or enforcement of existing court orders.

Is Permanent Alimony Still Available In New Jersey?

New Jersey replaced permanent alimony with open durational alimony in 2014. With this type of alimony, a judge reviews need, income, marriage length, health and earning ability. For a marriage under 20 years, support usually cannot last longer than the length of the marriage. Exceptional facts may justify a longer term.

Open durational alimony does not mean lifetime support in every case. When the paying spouse reaches full Social Security retirement age, the law presumes that alimony should end. The other spouse may present facts that overcome that presumption. Cohabitation may also lead a judge to pause or end support. The judge must review the relationship, shared costs and linked finances.

Dividing Businesses, RSUs And Other Complex Assets

New Jersey uses equitable distribution. This rule calls for a fair division of marital property, not an automatic equal split. The law lists 16 factors. These factors include marriage length, each spouse’s finances, taxes, debts and contributions.

A business, restricted stock units (RSUs), cryptocurrency or a retirement plan may need additional review. The court looks at factors such as when each asset arose and what shares of them belong to the marriage. For RSUs, the grant date, vesting terms and reason for the award can affect the result.

Two assets with the same stated value may have different net values. A traditional retirement account may carry future income tax. Tax on a home sale depends on its basis and federal exclusion rules. A financial professional may value a business, review records and trace funds or digital assets. An attorney or a qualified domestic relations order (QDRO) professional can prepare an order to divide a covered 401(k) or pension. Our team can help you review these details before settlement.

Preparing For An Essex County MESP

The Matrimonial Early Settlement Panel gives spouses a chance to resolve financial disputes before trial. The court assigns two experienced divorce lawyers to review each side’s position. The panel focuses on alimony, child support and property division rather than child custody. Its advice does not bind either spouse.

Preparation matters because the panel reviews each side’s records and settlement terms. If disputes remain, the court may send the case to economic mediation. Our attorneys can help you prepare, assess the recommendation and decide whether an agreement meets your needs.

Answering Your Divorce-Related Questions

Our Essex County divorce attorneys can answer your divorce questions, such as the following:

What are legal grounds for divorce? What is a no-fault divorce?

The state of New Jersey recognizes a set of legal grounds for divorce that includes (but is not limited to) adultery, extreme cruelty and desertion. Most divorces, however, are filed under the category of no-fault. The grounds for a no-fault divorce can be a lengthy separation or irreconcilable differences. In a no-fault divorce, both parties agree that there is no blame to assign, and any misconduct becomes irrelevant to the divorce proceedings.

How is alimony awarded?

New Jersey law requires the court to consider 13 different factors when determining alimony. Generally speaking, courts will consider the duration of the marriage, the marital lifestyle, the supporting spouse’s ability to pay and the dependent spouse’s ability to contribute to their own support.

How is custody decided? How is child support calculated?

If both parties cannot reach an agreement on child custody, the court will make a custody ruling based on what it determines to be in the best interests of the child. Child support is generally determined based on a formula that calculates a percentage of each parent’s gross income coupled with the amount of time each parent spends with the child.

Can I relocate out of state with my kids?

Although court approval is required, the answer is usually yes. The court will examine 12 factors, including whether there is a good faith reason for the move and whether the move will be detrimental to the child’s best interests. A lawyer can advocate on your behalf for your desired outcome.

How is property divided?

New Jersey’s court system operates on the premise of equitable distribution of the marital property. While there is a presumption of a 50-50 split, there are 16 statutory factors the court takes into account when dividing the marital assets, including the duration of the marriage, the age and health of the parties, and the marital lifestyle.

What is mediation? Is this an option for me?

Mediation is a form of alternative dispute resolution in which both parties endeavor to resolve their divorce issues amicably, often without the aid of attorneys. A mediator can facilitate the parties’ discussions, working with them to reach a mutually agreeable dissolution of the marriage. Of course, the divorce decree must still be entered in court. If this is a possibility for you and your spouse, ask our team about alternative dispute resolution.

How long will it take?

Assuming the parties cannot agree on a settlement, a divorce case will have to be tried before a judge, who will listen to the testimony of the parties and other witnesses and review documentary evidence in support of each side’s position. Usually, all unsettled cases are tried within a year.

Can a divorce decree be changed after the fact?

Yes. Depending on the circumstances, issues of child support, alimony, child custody and visitation can all be revisited and modified after the decree has been entered. This usually requires the party seeking the modification to demonstrate a substantial change in circumstances.

Going Through Divorce? Call 973-559-5791 Today For A Free Consultation.

At the West Caldwell divorce law offices of Minion & Sherman, we offer free initial consultations and night and weekend appointments so you can decide whether our team is right for you. Contact us today for more information.